The Brazilian General Data Protection Law (LGPD) will enter into force in 2020 but work towards complying with it should have already started. The Law will affect all industries and many aspects of doing business in the country, such as M&A transactions and labor relationships.

On this issue | August 2019

Monitoring employees’ communications under the Brazilian Data Protection Law

Lawfully monitoring employee communications

The new legal framework will require meaningful adjustment by employers monitoring information created or processed by employees using corporate devices. Personal data shall be processed in a less intrusive manner and the employer must adopt...

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The role of the Brazilian Data Protection Authority in cross-border data transfers

A data protection watchdog to be tested

An independent data protection supervisory authority is crucial to ensure legal certainty and effectiveness. The unusual design to the Brazilian Data Protection Authority raises questions about how independent it will be, which may impact free...

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Choosing consent as a standard legal ground for processing personal data can be misleading

Choosing ‘consent’ may be risky

Consent is only one of the legal grounds for processing personal data and the European experience shows that using it as a standard can be misleading. It can be revoked at any time and has limitations, whereas other legal grounds may limit the...

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M&A transactions and the new Brazilian Data Protection Law

M&A and the new Data Protection Law

M&A transactions in Brazil will have to undergo major changes to adjust to the LGPD. The Law will alter due diligences, the structure of deals and the negotiation of transaction documents. Costs may increase but ensuring compliance in all phases...

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